Aside from Army Lt. Col. Danilo Leyva, Deputy Task Force Banahaw Commander named as principal respondents in the two cases were Capt. Nilo Cornelio, Sgt. Rodrigo Gayuda, Sgt. Ronald Cabiles, Sgt. Elias Magano and rebel-returnee turned militiamen Jerwyn Mendoza.
Chief Superintendent Nestorio Gualberto, Criminal Investigation and Detection Group (CIDG) director, ordered the filing of the case after completion of a joint probe surrounding the incident that resulted in the grisly killing of SPO1 Armando Demejes.
Several witnesses testified that Demejes was taken alive by elements of Task Force Banahaw shortly after one of them, a certain Corporal Cerdenio was gunned down by SPO1 Jerryson Laguras, a colleague of Demejes, in a brief firefight last Aug. 7.
The shootout erupted after a police jeep, while backing up, accidentally hit the Armymen’s pick-up along the provincial road of Barangay Sto. Angel, San Pablo City.
The two policemen, members of the San Pablo City police force had just responded to a traffic accident at the place.
San Pablo City Mayor Florante Aquino and Rizal, Laguna ex-mayor Rolen Urruquia testified that upon being informed of the incident, they contacted Colonel Leyva and Captain Cornelio both officers of Task Force Banahaw, in their bid to recover Demejes alive.
But the two Army officers covered up the true state of Demejes and the acts of their men, by telling Aquino and Urruquia that Demejes was in good condition under their custody.
The badly beaten remains of Demejes were later retrieved by Aquino and Urruquia at the back of the barracks of Task Force Banahaw.
The policemen’s wallet, wedding ring, and his service sidearm were missing.
Autopsy examination showed that Demejes died of hemorrhagic shock as a result of being tortured.
Investigation further showed that the Armymen who figured in the encounter were heavily drunk.
Witnesses executed affidavits before CIDG probers stating that Demejes was captured alive by the Armymen and brought to their headquarters at Sto. Diego, also in San Pablo.
One of the Armymen even forced the muzzle of his M-16 rifle into the policeman’s mouth and was about to kill him but was prevented by his colleagues, whom witnesses overheard as telling him, "huwag dito, maraming tao."
Relatedly, the San Pablo City Peace and Order Council passed a resolution last week, denouncing what they claimed as "barbaric" acts committed by Task Force Banahaw operatives.
The resolution, which was unanimously approved by the city council, also calls for the immediate removal of the Army’s entire battalion of Task Force Banahaw based in the city.